When can a protest be filed in a patent application?
According to MPEP 1901, protests must be filed within specific time frames:
With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first.
Additionally, for reissue applications:
A protest with regard to a reissue application should, however, be filed within the 2-month period following the announcement of the filing of the reissue application in the Official Gazette.
It’s important to note that protests cannot be filed in provisional applications, as these are not examined.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901 - Protest Under 37 Cfr 1.291,
Patent Law,
Patent Procedure